Henry E. Gossage v. Merit Systems Protection Board

Given every appellate court has a special obligation to satisfy itself not only of its jurisdiction but also that of the lower courts in a cause under review and the Constitution is the paramount law. The Federal Circuit has jurisdiction to review all aspects of Petitioner’s Constitutional claims and under 5 U.S.C. §§’s 702, 704, 7701, 7703; 28 U.S.C. § 1295(a)(9); 5 CFR § 300.104, 5 C.F.R. § 731.501, 5 C.F.R. § 1201 et seq., and Federal Rules of Civil Procedure 60. This petition centers on the Lower Court’s Jurisdiction, based on newly discovered evidence from Office of Personnel Management (OPM) Lead Suitability Specialist Kimberly Truckley’s December 27, 2004, new and final Amended decision, Overturning and Vacating Karen McCue’s May 16, 2001, initial negative suitability determination. The Questions presented:

1. Whether Petitioner has standing to correct a jurisdictional error before the Lower Courts for “want of jurisdiction” or “jurisdiction on the merits”, based on OPM’s December 27, 2004, final decision?

2. Whether the Federal Circuit has Jurisdiction from the Clerk of the Merit Systems Protection Board decision, “Mr. Gossage had no further right to review in those matters”, based on OPM’s final decision?

3. Whether the Federal Circuit has Jurisdiction or “lacks jurisdiction” to determine its original and lower court’s jurisdiction in OPM Investigation Case 01-904-277 and its December 27, 2004 final decision, vacating/overturning OPM’s May 16, 2001, initial decision?

4. Whether Due Process is violated, when Petitioner is denied the right to appeal, based on new and material evidence, removing the Lower Court’s 5 C.F.R. § 1201.3 jurisdiction?